NY State Senate Bill 2019-S9006A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 05, 2020	print number 9006a
Oct 05, 2020	amend and recommit to rules
Sep 25, 2020	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S9006 - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Add §240.78, Pen L; amd §5-106, El L
Versions Introduced in 2021-2022 Legislative Session:: S1227

2019-S9006 - Summary

Establishes the crime of voter intimidation or harassment and prohibits persons who have been convicted of such crime from registering for or voting at an election.

2019-S9006 - Sponsor Memo

                                
 
BILL NUMBER: S9006

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act to amend the penal law and the election law, in relation to
establishing the crime of voter intimidation or harassment

 
PURPOSE:

Provides protection to individuals that cast absentee ballots. This bill
would criminalize the act of intimidating or harassing an individual
based on how they vote in an election.

 
SUMMARY OF PROVISIONS:

This bill creates the crime of Voter Intimidation or Harassment. A
person would be guilty of voter intimidation or harassment when he or
she, with intent to influence how an individual votes in an election:
(1) intentionally harasses or intimidates another person or engages in a
course of conduct or by committing acts which place such person in

reasonable fear of physical injury; or (2) threatens retaliation against
such individual based on the individual voting for a certain candidate,
proposition or ballot measure.

The crime of Voter Intimidation or Harassment would be a class B misde-
meanor and an individual convicted of the crime would lose their right
to vote.

 
JUSTIFICATION:

The massive increase in absentee ballots due to the COVID-19 pandemic
has increased the threat of voter harassment and intimidation.  Absentee
ballots, unlike ballots filled out at polling locations on Election Day,
are not secret and thus voters filling them out are more vulnerable to
intimidation or harassment. Individuals voting via absentee ballot are
susceptible to bad actors such as overly aggressive employers or poli-
tical operatives. This bill is set to provide protections against these
bad actors that try to unduly influence the free will of a voter through
intimidation or harassment.  Although voter intimidation is outlined in
Section 17-150 of the Election Law, this bill would specifically place
the crime in the penal code and ensure it is punishable as a class B
misdemeanor and any individual convicted of the crime loses their right
to vote.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S9006 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9006
 
                             I N  S E N A T E
 
                            September 25, 2020
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law and  the  election  law,  in  relation  to
   establishing the crime of voter intimidation or harassment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a new section 240.78  to
 read as follows:
 § 240.78 VOTER INTIMIDATION OR HARASSMENT.
   A PERSON IS GUILTY OF VOTER INTIMIDATION OR HARASSMENT WHEN HE OR SHE,
 WITH  INTENT  TO  INFLUENCE HOW AN INDIVIDUAL VOTES IN AN ELECTION UNDER
 THE ELECTION LAW OR THE EDUCATION LAW OF THIS STATE:
   1. INTENTIONALLY HARASSES OR INTIMIDATES ANOTHER PERSON BY ENGAGING IN
 A COURSE OF CONDUCT OR BY COMMITTING ACTS WHICH  PLACE  SUCH  PERSON  IN
 REASONABLE FEAR OF PHYSICAL INJURY; OR
   2. THREATENS RETALIATION AGAINST SUCH INDIVIDUAL BASED ON THE INDIVID-
 UAL  VOTING  FOR A CERTAIN CANDIDATE, PROPOSITION OR BALLOT MEASURE. FOR
 THE PURPOSES OF THIS SECTION RETALIATION INCLUDES, BUT  IS  NOT  LIMITED
 TO,  CHANGES  TO  EMPLOYMENT  STATUS,  INCLUDING  CHANGES TO JOB TITLES,
 HOURS, OR WAGES.
   VOTER INTIMIDATION OR HARASSMENT IS A CLASS B MISDEMEANOR.
   § 2. Subdivision 2 of section 5-106 of the election law, as amended by
 chapter 373 of the laws of 1978, is amended to read as follows:
   2. No person who has been convicted of a felony pursuant to  the  laws
 of  this  state OR CONVICTED OF A MISDEMEANOR PURSUANT TO SECTION 240.78
 OF THE PENAL LAW, shall have the right to register for or  vote  at  any
 election unless he shall have been pardoned or restored to the rights of
 citizenship by the governor, or his maximum sentence of imprisonment has
 expired,  or  he has been discharged from parole. The governor, however,
 may attach as a condition to any such pardon a provision that  any  such
 person  shall  not  have  the right of suffrage until it shall have been
 separately restored to him.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD17205-01-0

co-Sponsors

2019-S9006A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Add §240.78, Pen L; amd §5-106, El L
Versions Introduced in 2021-2022 Legislative Session:: S1227

2019-S9006A (ACTIVE) - Summary

Establishes the crime of voter intimidation or harassment and prohibits persons who have been convicted of such crime from registering for or voting at an election.

2019-S9006A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9006A

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act to amend the penal law and the election law, in relation to
establishing the crime of voter intimidation or harassment

 
PURPOSE:

Provides protection to individuals that cast absentee ballots. This bill
would criminalize the act of intimidating or harassing an individual
based on how they vote in an election.

 
SUMMARY OF PROVISIONS:

This bill creates the crime of Voter Intimidation or Harassment. A
person would be guilty of voter intimidation or harassment when he or
she, with intent to influence how an individual votes in an election:

(1) intentionally harasses or intimidates another person or engages in a

course of conduct or by committing acts which place such person in
reasonable fear of physical injury; or (2) threatens retaliation against
such individual based on the individual voting for a certain candidate,
proposition or ballot measure.  The crime of Voter Intimidation or
Harassment would be a class B misdemeanor and an individual convicted of
the crime would lose their right to vote.

 
JUSTIFICATION:

The massive increase in absentee ballots due to the COVID-19 pandemic
has increased the threat of voter harassment and intimidation.  Absentee
ballots, unlike ballots filled out at polling locations on Election Day,
are not secret and thus voters filling them out are more vulnerable to
intimidation or harassment. Individuals voting via absentee ballot are
susceptible to bad actors such as overly aggressive employers or poli-
tical operatives. This bill is set to provide protections against these
bad actors that try to unduly influence the free will of a voter through
intimidation or harassment. Although voter intimidation is outlined in
Section 17-150 of the Election Law, this bill would specifically place
the crime in the penal code and ensure it is punishable as a class B
misdemeanor and any individual convicted of the crime loses their right
to vote.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S9006A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9006--A
 
                             I N  S E N A T E
 
                            September 25, 2020
                                ___________
 
 Introduced  by  Sens. RITCHIE, BORRELLO, JORDAN, LANZA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Rules  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the penal law and  the  election  law,  in  relation  to
   establishing the crime of voter intimidation or harassment

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new section 240.78  to
 read as follows:
 § 240.78 VOTER INTIMIDATION OR HARASSMENT.
   A PERSON IS GUILTY OF VOTER INTIMIDATION OR HARASSMENT WHEN HE OR SHE,
 WITH  INTENT  TO  INFLUENCE HOW AN INDIVIDUAL VOTES IN AN ELECTION UNDER
 THE ELECTION LAW OR THE EDUCATION LAW OF THIS STATE:
   1. INTENTIONALLY HARASSES OR INTIMIDATES ANOTHER PERSON BY ENGAGING IN
 A COURSE OF CONDUCT OR BY COMMITTING ACTS WHICH  PLACE  SUCH  PERSON  IN
 REASONABLE FEAR OF PHYSICAL INJURY; OR
   2. THREATENS RETALIATION AGAINST SUCH INDIVIDUAL BASED ON THE INDIVID-
 UAL  VOTING  FOR A CERTAIN CANDIDATE, PROPOSITION OR BALLOT MEASURE. FOR
 THE PURPOSES OF THIS SECTION RETALIATION INCLUDES, BUT  IS  NOT  LIMITED
 TO,  CHANGES  TO  EMPLOYMENT  STATUS,  INCLUDING  CHANGES TO JOB TITLES,
 HOURS, OR WAGES.
   VOTER INTIMIDATION OR HARASSMENT IS A CLASS A MISDEMEANOR.
   § 2. Subdivision 2 of section 5-106 of the election law, as amended by
 chapter 373 of the laws of 1978, is amended to read as follows:
   2. No person who has been convicted of a felony pursuant to  the  laws
 of  this  state OR CONVICTED OF A MISDEMEANOR PURSUANT TO SECTION 240.78
 OF THE PENAL LAW, shall have the right to register for or  vote  at  any
 election  unless  he  OR SHE shall have been pardoned or restored to the
 rights of citizenship by the governor, or his OR HER maximum sentence of
 imprisonment has expired, or he OR SHE has been discharged from  parole.
 The  governor,  however,  may attach as a condition to any such pardon a
 provision that any such person shall not  have  the  right  of  suffrage
 until it shall have been separately restored to him OR HER.
   § 3. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17205-02-0

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Senate Bill S9006A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2019-S9006 - Details

2019-S9006 - Summary

2019-S9006 - Sponsor Memo

2019-S9006 - Bill Text download pdf

co-Sponsors

2019-S9006A (ACTIVE) - Details

2019-S9006A (ACTIVE) - Summary

2019-S9006A (ACTIVE) - Sponsor Memo

2019-S9006A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9006A

Share this bill

Sponsored By

Patty Ritchie

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

George M. Borrello

Daphne Jordan

Andrew J. Lanza

2019-S9006 - Details

2019-S9006 - Summary

2019-S9006 - Sponsor Memo

2019-S9006 - Bill Text download pdf

co-Sponsors

George M. Borrello

Daphne Jordan

Andrew J. Lanza

2019-S9006A (ACTIVE) - Details

2019-S9006A (ACTIVE) - Summary

2019-S9006A (ACTIVE) - Sponsor Memo

2019-S9006A (ACTIVE) - Bill Text download pdf

Comments